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Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
.... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......and the impugned judgment passed by the learned Additional District Judge, in Title Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......r as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......hat the sale deed executed and registered by Roushan Ali in favour of his step‑brothers Azibar Ali and Akbar Ali vide Ext. ‘A’ is inactive and inoperative document inasmuch as no consideration money passed and as such the sale deed Ext. 'A' was not acted upon and that Roushan Ali continued to ..Category: Property Law | Date: | Hits: 91
Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
....if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77....... No.70 of 1986 (Comilla). Judgment Abdul Hasib J.- This Rule was issued calling upon the Deputy Commissioner, Feni, and complainant opposite party No.2, to show cause as to why the judgment and order dated 7.6.86 passed by Sessions Judge, Feni, in Criminal Appeal No.131 of 1985, dismissing the......in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77.......se is also Reported in: 44 DLR (HCD) (1992) 77...Category: Criminal Law | Date: | Hits: 79
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....ase. Omission to consider such vital documents affects the merit of the case. 33. State Acquisition and Tenancy Act came into force by publication of notification No.4829 LR dated 2nd April, 1956, published in the Dhaka Gazette Extraordinary dated 2nd April, 1956. The Government have acquired by ......hich no appeal lies thereto, and if such subordinate Court appears to have committed an error of law resulting in an error in the decision occasioning failure of justice, the High Court may make such order in the case as it thinks fit." 8. By the Ord. No. XLVIII of 1983 amendment the words "appar......Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69....... is also Reported in: 44 DLR (HCD) (1992) 69...Category: Property Law | Date: | Hits: 96
Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)
....hid Smrity Girls' High School. Goalundo, Rajbari, from 1984. While serving as such the petitioner applied for the post of regular service as teacher in the same school in response to an advertisement published in the daily "Dainik Bangla" by the Headmaster of the school and after an interview on 20.......Shahid Smrity Girl's High School under Article 102 of the Constitution of the People's Republic of Bangladesh with a prayer to issue Rule Nisi calling upon the respondents to show cause as to why the order dated 18.8.90 (Annexure‑H) passed by the respondent No.3, Assistant Secretary, Ministry of E......hout any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ......preme Court High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Nikhil Kumar Sarker...................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Education and others………â€..Category: Employment/Service Law | Date: | Hits: 82
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
.... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63.......065 of 1989. Judgment Bimalendu Bikash Roy Chowdhury J.- This Rule which has been argued at a considerable length raises a short question relating to the execution of a decree for ejectment. In order to make the question intelligible a short statement of facts is necessary. 2. The opposite ......osts. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63..........Category: Civil Law | Date: | Hits: 89
.... recommended the petitioner for appointment as Professor of the said Department on probation of one year on a further condition that before being appointed permanently as a Professor he would have to publish two papers in internationally recognised journals (see Annexure 7 to the supplementary affid......versity of Engineering and TechnoÂlogy, represented by its Vice Chancellor and another..................Respondents
Judgment
August 13, 1991.
Result:
The Rule is discharged without any order as to cost.
Cases Referred To-
Shiv Narayan Vs. Vice‑Chancellor, University of Sagar a......the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
......
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Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
....fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......te-on-Record-For the Appellant (In both Appeals). Anisul Haque, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Respondent (In both Appeals). (From the judgment and order dated the 28th day of the August, 2008 passed by the High Court Division in Criminal Miscellan......s judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......ectorate or any officer subordinate to him specially empowered by the Government by a gazette notification is mandaÂtory and an officer of RAB not being subordinate to him, the entire investigation done by him was withÂout jurisdiction which vitiated "the entire proceedÂings from investigation an..Category: Criminal Law | Date: | Hits: 112
Government of BanglaÂdesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
....e that the writ petitioner-respondent is a trading firm carrying on, amongst others, indenting business of different items and also acts as local agent of foreign suppliÂer. The writ respondent No.3 published a notice inviting tenders from the reputed Mints for 'Minting and supplying finished Bangl......n-Record-For the Appellants. Abdul Wadud Bhuiyan, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For the Respondent. Civil Appeal No. 290 of 2003. (From the judgment and order dated 6-6-2000 passed by the High Court Division in Writ Petition No. 4136 of 1998). Judgme......ase is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ......the High Court Division in Writ Petition No.4136 of 1998, by which, the High Court Division directed the appelÂlants to pay in Bangladesh currency an amount equivalent to US$ 28250 to the writ petitioner as commission. 2. Leave was granted to consider whether the High Court Division was justifi..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....r which is to be or may be prescribed. 10. Pursuant to the provisions of section 12 of the Act the Government made rules under the name—Administrative Tribunal Rules, 1982 (the Rules) which were published in the official gazette on 12th of March, 1982 vide SRO 92-L/82-JIV/IT-3/81. In the Rules ......oners. Sheik Mohammad Morshed, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 43 of 2010. (From the judgment and order dated the 7th day of June, 2009 passed by the Administrative Appellate Tribunal in Miscellaneo......n: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......ndra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Bangladesh and another..........................Petitioners Vs. Md. Abdul Karim.......................................Respondent Judgment May..Category: Administrative Law | Date: | Hits: 181
Md. Jashim and others Vs. The State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......0.00 hours she died; hence the case. 3. The petitioners have voluntarily surrendered before the court below and moved for bail, but failed, since their prayer for bail was rejected by the impugned order, they then obtained the instant rule and ad-interim bail of petitioners Md. Shahidul Islam, Ma...... misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......d in: ..Category: Criminal Law | Date: | Hits: 64
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ...... to Pubali Bank on taking any other personal loan. He further submits that though the two money suits were pending in the Court against the petitioner No.1 filed by Pubali Bank, in those two suits no order of attachment of the personal properties of the petitioner No.1 has been passed. So, these let...... in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......eported in: 44 DLR (HCD) (1992) 48. ..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ......bunal Judge after hearing the Counsel of the petitioner and the Public Prosecutor for the State, granted him bail at about 3‑30 PM but before being released on bail on the same day at about 5 PM an order of detention, passed under section 3(1)(a) of the Special Powers Act, was served upon the peti......ts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ......LR (HCD) (1992) 39. ..Category: Constitutional Law | Date: | Hits: 288
Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)
....he then SDO Jhalakati and Chairman of the said Examination Centre Committee as defendant Nos. 3 and 4 for a declaration that the order of the Board of Intermediate and Secondary Education, Jessore as published in the Notification No.2545 dated 8.12.1981 was void, illegal, inoperative and not binding......ificate Examination Centre Committee and another Mr. AMMM Abdul Hali, the then SDO Jhalakati and Chairman of the said Examination Centre Committee as defendant Nos. 3 and 4 for a declaration that the order of the Board of Intermediate and Secondary Education, Jessore as published in the Notification...... This Case is also Reported in: 44 DLR (HCD) (1992) 36. ......44 DLR (HCD) (1992) 36. ..Category: Civil Law | Date: | Hits: 84
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
.... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......gment and Order dated 16-5-2007 passed by the High Court Division in Civil Revision No.149 of 2008). Judgment Md. Abdul Wahhab Miah. - This appeal by way of leave has arisen out of judgment and order dated the 16th day of May, 2007 passed by a Division Bench of the High Court Division in Civil......possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......defendant Nos.5-6 are the son, the daughter and the wives respectively of late Sirajul Islam Khan, Managing Director of plaintiff No.1; defendant Nos. 1-2 are the banking company Defendant No.1 sanctioned loan of TK. 7,14,000.00 and TK.1,75,000.00 on 28-12-1970 as per prayer of plaintiff No. 1 for e..Category: Civil Law | Date: | Hits: 86
Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)
....on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ...... Advocate, instructed by Md. Nawab Ali, Advocate-on-record-For the Petitioner. Not represented- the Respondents. Criminal Petition for Leave to Appeal No.142 of 2007. (From the judgment and order dated 7th March 2007 passed by the High Court Division in Criminal Revision No.351 of 2006) ...... is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ...... Supreme Court Appellate Division (Criminal) Present: MM Ruhul Amin CJ Md. Fazlul Karim J Md. Joynul Abedin J Amin Mia (Md.)……………………………………...Petitioner Vs. Nazir Ahmed and another……………………...Respondent Judgment December ..Category: Criminal Law | Date: | Hits: 89
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......in the late afternoon, when this coaster MV Zahirabad laden with 15000 bags of cement had been waiting in the midstream of Karnafully in the vicinity of Patenga Khal No.14 looking for fair weather in order to sail towards Khulna, the aforesaid vessel MV Hios came there and without giving any warning......se is also Reported in: 44 DLR (HCD) (1992) 31. ......ent contending, inter alia, that the defendant No.3 is not in any way liable for the alleged damage caused by MV Hios. It is further stated that the injured vessel MV Zahirabad was in the prohibited zone. Due to her negligence this accident took place for which the defendants cannot be liable. The d..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
.... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ......m Azad, Advocate‑For the Petitioners. Not represented ‑ the Opposite Party. Criminal Revision No.19 of 1990 Judgment Kazi Ebadul Hoque J.- The accused‑petitioners had challenged the order dated 19.6.90 passed by the Additional Sessions Judge, Cox's Bazar in Criminal Revision No.102......The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ......t Division (Criminal Revisional Jurisdiction) Present: Kazi Ebadul Hoque J Fazle Hussain Mohammad Habibur Rahman J Farid Ahmed and others…………………………………..Petitioners Vs. State and another……………………………….opposite parties Judgment ..Category: Criminal Law | Date: | Hits: 78
Nurul Islam & others Vs. Noor Mohammad, 1991, 20 CLC (HCD)
....der as to costs. The Court below is directed to dispose of the suits in accordance with law in the light of the observation made above. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 29....... for determination in these suits are also materially the same. During pendency of the suits the petitioner filed an application for analogous hearing of the suit. The learned Subordinate Judge by an order dated 17.6.84 rejected the petition for analogous hearing. 2. Mr. Abdus Salam Khan, the lea...... February 6, 1991. Case Referred to- M/s Ayat Ali Bhuiyan and Company Ltd. Vs. Janata Bank, 40 DLR 56. Lawyers Involved: Abdus Salam Khan, Advocate‑For the Petitioner. Aftab Hossain, Advocate‑For the opposite Parties. Civil Revision No.417 of 1984. Judgment AM Mahmudu......ported in: 44 DLR (HCD) (1992) 29...Category: Procedural Law | Date: | Hits: 51
Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)
....urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28.......okuriapara restraining the defendants from entering upon the land in suit on various averments including the assertion that the plaintiff has been in possession of the land in suit on the basis of an order passed in a pre‑emption case which he took on 9.7.1977 through Court. The defendant opposite......s Case is also Reported in: 44 DLR (HCD) (1992) 28.......Reported in: 44 DLR (HCD) (1992) 28...Category: Procedural Law | Date: | Hits: 79
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....tly migrated to India after the Indo‑Pak War in 1965 and the property became an enemy property and thereafter it vested upon the Additional Custodian of the Enemy Property vide Gazette Notification published on Friday, the 12th May, 1967 and the said property being Enemy Property thereafter vested......ent No.2. Appeal from Original Order No. 348 of 1990. Judgment Anwarul Hoque Chowdhury J.- This appeal filed by the Bangladesh Mukti Judda Kallayan Trust is directed against the judgment and order dated 19.8.90 passed by the Subordinate Judge, Narayanganj in Title Suit No.12 in Title Suit N......e Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Bangladesh Mukti Judda Kallyan Trust…………………………………………Appellant Vs. Nurul Hossain and others……………………………………..Respondents Judgment December 18, 199......and ordered by the Court below is misconceived because under the provision of Ordinance 24 of 1970 an appeal would lie against any order passed by the Government evicting a trespasser, which was not done. 4. The case of the plaintiff who has gone to the court in Title Suit No.12 of 1986 is that A..Category: Property Law | Date: | Hits: 389
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